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Patna High Court

Nagendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must first approach the Collector and the Land Acquisition Officer, and therefore the writ petition is disposed.

Summary

Nagendra Singh filed a writ petition seeking compensation for land that was allegedly acquired for the construction of an embankment under a 2011 notification. He claimed entitlement to payment, interest, and damages under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The State counsel argued that there was no record of the petitioner having approached the District Land Acquisition Officer with a proper claim. The court observed that the petitioner must first file a petition with the Collector and the Land Acquisition Officer before the court can entertain a writ for compensation. Consequently, the court granted the petitioner liberty to approach the appropriate authorities and disposed of the writ petition.

Issues considered

  • Whether the petitioner is entitled to compensation for land acquired for the embankment under the 2013 Act.
  • Whether the petitioner can claim compensation without first approaching the land acquisition authorities.
  • Whether the court can directly direct payment of compensation in a writ petition.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation Act
  • writ petition
  • embankment
  • property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4568 of 2025
                 ======================================================
                 Nagendra Singh S/o Late Bilat Singh, Resident of Village- Surgahiya, P.O.-
                 Haribela, Block- Bathnaha, Dist. Sitamadhi.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through The Principal Secretary cum Commissioner of
                 the Revenue and Land Reforms Department, Bihar, Patna.
           2.    The Commissioner, Muzaffarpur.
           3.    The Collector, District- Sitamadhi.
           4.    The Sub Divisional Officer, Sitamadhi Sadar, District- Sitamadhi.
           5.    The District Land Acquisition Officer, District Sitamdhi.
           6.    The Circle Officer, Block/Circle- Bathnaha, District- Sitamadhi.
           7.    The Chief Engineer, Ministry of Water Resources Department, Division-
                 Muzaffarpur.
           8.    The Superintending Engineer, Head Work Circle, Bagmati Nagar, Sitamadhi.
           9.    The Executive Engineer, Bagmati Division No-1, Sitamadhi.
           10. The Assistant Engineer, Bagmati Division No-1, Sitamadhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Lakshmi Kant Tiwary, Advocate
                 For the Respondent/s   :        Ms. Babita Kumari, AC to SC-1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   17-03-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for direction to the respondent authority

                                            for payment of compensation of acquired

                                            land for construction embankment over jhim

                                            and jamura (Adhwara Group) from sonbarsa

                                            bazaar to sonbarsa of village district-
Patna High Court CWJC No.4568 of 2025(3) dt.17-03-2026
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                                  Sitamadhi;

                                  (ii) for direction to the respondent authority

                                  for follow the provision as per law for

                                  acquiring the land for dig out earth soll from

                                  the      nearest       land    of    the   aforesaid

                                  embankment             and    of    made   payment

                                  compensation/damages as per the law for

                                  dig out earth soil from the nearest land of

                                  the aforesaid embankment and grain crops,

                                  trees & brick factory of the concerning

                                  lands;

                                  (iii) for direction to the respondent authority

                                  for payment of compensation /damages as

                                  per the law of acquisition of land enacted in

                                  2013 namely Right to Fair Compensation

                                  and Transparency in Land Acquisition,

                                  Rehabilitation and Resettlement Act 2013

                                  (Herein after referred as "the Act");

                                  (iv) for direction to the respondent authority

                                  for payment of adequate interest as per the

                                  law since the subjected land have been

                                  acquired/used and damages of grains,trees
         Patna High Court CWJC No.4568 of 2025(3) dt.17-03-2026
                                                     3/3




                                           and bricks factory etc.;

                                           (v) any other writ/writs to which the

                                           petitioner may be found entitled to.

                                3. The notification dated 21.09.2011 for the

                   construction of embankment in the district of Sitamarhi.

                                4. The contention of the petitioner is that though he

                   owns the piece of land and payment has eluded.

                                5. Learned State counsel submits that the notification

                   is of the year 2011 and there is nothing on record to show

                   whether the petitioner either approached the District Land

                   Acquisition Officer, Sitamarhi with valid document so that the

                   decision can be taken against him.

                                6. Learned counsel for the petitioner submits that he

                   shall be approaching the Collector (respondent no.03),

                   Sitamarhi as also the Land Acquisition Officer (respondent

                   no.5), Sitamarhi by filing a proper petition.

                                7. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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